Berkheimer v. HP Inc. (Fed. Cir. 2018)

By Michael Borella — This first five or so weeks of 2018 have been busy for Federal Circuit 35 U.S.C. § 101 jurisprudence. At last count, four substantive decisions have come down so far (including this one, but not including Rule 36 judgments without opinion). Out of these, two have found the claims at issue to be patent-eligible, and one has found the claims to be ineligible. This case splits the baby, finding some claims ineligible and others in need of further review. But the impact of today's decision may be further-reaching than the other three. At the very least,…Original Article